Overview

Cynthia A. "Cindy" Gierhart is a Washington, D.C., litigation attorney whose practice focuses on media, trademark, copyright and entertainment law.

Ms. Gierhart has represented clients in litigation involving right of publicity, defamation, trademark, copyright, trade secrets and access to judicial records. She was part of a team that secured a victory in one of the first civil Computer Fraud and Abuse Act (CFAA) jury trials. Ms. Gierhart also protects clients' trademarks and copyrights by monitoring third-party uses, as well as responds to pre-litigation claims of copyright or trademark infringement. She has negotiated numerous book publishing and podcast agreements.

Additionally, Ms. Gierhart has extensive experience representing developers in zoning appeals before the District of Columbia Court of Appeals, as well as engaging in all aspects of general commercial litigation, including numerous contract and property disputes.

In addition to her legal practice, Ms. Gierhart serves as co-coordinator of the Women's Initiative for the Washington, D.C., office.

Prior to joining Holland & Knight, Ms. Gierhart clerked for the Honorable John Ramsey Johnson in the Superior Court of the District of Columbia. She also worked as a legal fellow with the Reporters Committee for Freedom of the Press and at the American Association for Justice.

Prior to attending law school, Ms. Gierhart worked for eight years as a newspaper reporter and editor, project manager in book publishing and freelance book editor. She brings this perspective to her work advising clients on First Amendment and publishing issues. In addition, Ms. Gierhart taught a media law course as an adjunct professor at American University.

Representative Experience

  • Engage in extensive trademark litigation in federal district court, as well as domestic trademark registration and prosecution
  • Part of a team that secured victory in one of the first civil Computer Fraud and Abuse Act (CFAA) jury trials
  • Proceed to trial on trademark infringement and dilution claims regarding use of a trademark in a television series title
  • Defend litigation alleging misappropriation of trade secrets
  • Enforce clients' trademarks and copyrights, including by monitoring third-party applications and uses, sending cease-and-desist letters and filing Uniform Domain Name Dispute Resolution Policy (UDRP) actions
  • Represent clients in cancellation and opposition proceedings before the U.S. Patent and Trademark Office's (USPTO) Trademark Trial and Appeal Board (TTAB)

  • Represented Oscar-nominated documentary filmmakers against a right-of-publicity claim, successfully having the case dismissed on demurrer
  • Successfully defended a blogger against a defamation action in the U.S. District Court for the Southern District of New York, resulting in dismissal
  • Represent news media in an unsealing action seeking access to judicial records, including successful appeals to the U.S. Court of Appeals for the Second Circuit
  • Advise clients on the Digital Millennium Copyright Act (DMCA) safe harbor provision and copyright takedown notices
  • Advise clients on accessing records via the federal Freedom of Information Act (FOIA) and state open records laws; appeal and litigate adverse FOIA decisions
  • Assisted in the defense of a copyright infringement litigation, successfully having the case dismissed on a motion for summary judgment
  • Assist in registering copyrights with the U.S. Copyright Office, including appeals of adverse decisions
  • Negotiate publishing and podcast agreements

Credentials

Education
  • American University, Washington College of Law, J.D., magna cum laude
  • University for Peace, M.A., International Law and the Settlement of Disputes
  • University of Illinois, B.S., Print Journalism
Bar Admissions/Licenses
  • District of Columbia
  • New York
Court Admissions
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court for the District of Columbia
  • U.S. Court of Appeals for the District of Columbia Circuit
  • U.S. Court of Federal Claims
  • U.S. District Court for the Southern District of New York
Memberships
  • District of Columbia Bar Association, Arts, Entertainment, Media and Sports Law Community, Elected Committee Member, 2017-2022; Co-Chair, 2020-2021
  • International Trademark Association, Right of Publicity Committee, 2020-2021; Publications Committee, 2024-2025
  • American Bar Association, Forum on Communications Law, Media Advocacy Workshop, Co-Chair, 2025-2026
Honors & Awards
  • The Best Lawyers in America guide, Washington, D.C., Commercial Litigation Ones to Watch, 2024-2026
  • Holland & Knight Pro Bono All-Star, 2017-2022
  • Order of the Coif

Publications

Speaking Engagements